COPYRIGHT REGISTRATION

A copyright is essentially a right not to copy someone’s work. A copyright gives the owner of the subject an exclusive right over his work. If a work is protected by copyright, no one can imitate, copy or reproduce the original work in any other way. A term of copyright in India is 60 years. Copyright can be taken for the following works:

     1. Music
     2. Books
     3. Manuscripts
     4. Films
     5. Fashion Designs
     6. Training Manuals
     7. Software
     8. Literary Work
     9. Performance
     10. Paintings etc

 

The register of the Registrar of Copyrights is divided into 6 categories:

PART – 1: Literary works other than computer Programs
PART – 2: Musical Works
PART – 3: Artistic Works
PART – 4: Cinematography Films
PART – 5: Sound Recording
PART – 6: Computer Programs, tables & Compilations

Copyrights are protected by “THE COPYRIGHT ACT, 1957” though there have several amendments to the act.

ADVANTAGES OF COPYRIGHT REGISTRATION

Legal Protection
Creators of original works always enjoy legal protection when their work is reproduced without authorisation. Copyright Registration, however, makes it much easier to protect this original work against infringement.

Market Presence
By registering a copyright, a public record of your work is created and a proof of ownership is established for your creative work. It can also be used in marketing and for building goodwill in the mind of the customer.

Rights Of The Owner
The owner of a copyright has the rights over reproduction, dissemination, adaptation and translation of the work. Relying on the work, you will have some variations in the composition of the rights.

PROCEDURE TO OBTAIN COPYRIGHT REGISTRATION
To obtain the copyright registration the following process has to be followed:

1. An application (including all the particulars and the statement of the particulars) in the format of FORM IV has to have to be sent to the registrar along with the requisite fees (mentioned in the Schedule 2 of the act.). A separate application has to be made for separate works
2. Every application has to be signed by the applicant as well as an Advocate in whose favor a Vakalatnama or a POA has been executed
3. The registrar will issue a Dairy No. and then there is a mandatory waiting time for a period of 30 days for any objections to be received
4. If there are no objections received within 30 days, the scrutinizer will check the application for any discrepancy and if no discrepancy is there, the registration will be done and an extract will be sent to the registrar for the entry in the Register of Copyright.
5. If any objection is received, the examiner will send a letter to both the parties about the objections and will give them both a hearing.
6. After the hearing, if the objections are resolved the scrutineer will scrutinize the application and approve or reject the application as the case may be.